B-149319, NOVEMBER 8, 1962, 42 COMP. GEN. 233

B-149319, NOVEMBER 8, 1962, 42 COMP. GEN. 233

TRAVEL EXPENSES - MILITARY PERSONNEL - SPORTS, ETC., EVENTS AIR FORCE MEMBERS WHO IN CONNECTION WITH SPORTS PROGRAMS ATTEND COACHES' AND OFFICIALS' TRAINING SCHOOLS UNDER TEMPORARY DUTY ORDERS DESIGNATING THEM AS COMMAND SUPERVISORS ARE NOT ENTITLED TO PER DIEM AND TRANSPORTATION PAYMENTS, EVEN THOUGH PARAGRAPH 18C OF AIR FORCE REGULATION NO. 34-47, DATED MAY 31, 1961, AUTHORIZING SPORTS PROGRAMS, PROVIDES TRAVEL AND PER DIEM EXPENSES FOR A COMMAND SUPERVISOR WHO IS IN CHARGE OF A SPORTS TEAM, THE MEMBERS HAVING BEEN ASSIGNED TO TEAMS FOR TRAINING AND NOT TO ASSUME COMMAND, AND THE MERE DESIGNATION ON THE TRAVEL ORDERS OF THE MEMBERS AS COMMAND SUPERVISOR, ABSENCE PERFORMANCE OF THAT DUTY, DOES NOT ENTITLE THEM TO TRAVEL AT GOVERNMENT EXPENSE; THEREFORE, THE TEMPORARY DUTY OF THE TRAINEES NOT CONSTITUTING PUBLIC BUSINESS AS CONTEMPLATED IN PARAGRAPH 3050, JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, APPROPRIATED FUNDS MAY NOT BE USED TO PAY THE TRAVEL AND PER DIEM EXPENSES OF THE MEMBERS.

TO THE SECRETARY OF THE AIR FORCE, NOVEMBER 8, 1962:

IT HAS COME TO OUR ATTENTION IN THE AUDIT OF DISBURSING OFFICERS' ACCOUNTS THAT PER DIEM AND/OR TRANSPORTATION PAYMENTS ARE BEING MADE TO AIR FORCE PERSONNEL WHO, IN CONNECTION WITH THE AIR FORCE SPORTS PROGRAM, AIR FORCE REGULATION NO. 34-47, ATTEND COACHES' AND OFFICIALS' TRAINING SCHOOLS PURSUANT TO ORDERS WHICH DIRECT THEIR ATTENDANCE AT VARIOUS SPORTS ACTIVITY TRAINING SCHOOLS AND CLINICS, APPARENTLY FOR THE PURPOSE OF QUALIFYING THEM TO ACT IN SOME OFFICIAL CAPACITY IN CONNECTION WITH THE SPORTS PROGRAM OR TO CONDUCT FOLLOW-UP CLINICS AT THEIR COMMANDS AND BASES. INSOFAR AS THE RECORD SHOWS, NO OTHER DUTY WAS REQUIRED OF THE INDIVIDUALS CONCERNED.

EXAMPLES OF SUCH PAYMENTS ARE PROVIDED BY VOUCHER NO. T-1377, APRIL 1961 ACCOUNTS OF HARRIS JONES, JR., SYMBOL NO. 6596, COVERING PAYMENT IN THE AMOUNT OF $63.71 TO STAFF SERGEANT RALPH F. REGISTER, AF16380616, AND VOUCHER NO. T-221, JULY 1961 ACCOUNTS OF MARVIN V. JONES, SYMBOL NO. 6605, COVERING PAYMENT IN THE AMOUNT OF $152.80 TO CAPTAIN FRED W. GRAY, 26602A. BY ORDERS OF HEADQUARTERS, 7227TH SUPPORT GROUP, APO 293, NEW YORK, NEW YORK, DATED APRIL 11, 1961, STAFF SERGEANT RALPH F. REGISTER OF THE 1037TH UNITED STATES AIR FORCE AUDITOR GENERAL SQUADRON AND ANOTHER MEMBER OF THE AIR FORCE WERE DIRECTED TO PROCEED TO GARMISCH, GERMANY, ON OR ABOUT APRIL 16, 1961, FOR APPROXIMATELY 7 DAYS' TEMPORARY DUTY "TO ATTEND THE 1961 USAFE SOFTBALL OFFICIALS-COACHES TRAINING SCHOOL AS COMMAND SUPERVISORS" AND UPON COMPLETION THEREOF TO RETURN TO THEIR STATION. TRAVEL BY PRIVATE AUTOMOBILE WAS AUTHORIZED. SERGEANT REGISTER WAS PAID PER DIEM AND MILEAGE FOR THE DUTY AND TRAVEL PERFORMED UNDER SUCH ORDERS FROM APRIL 15 TO 22, 1961. BY ORDERS OF HEADQUARTERS, 66TH TACTICAL RECONNAISSANCE WING, APO 17, U.S. FORCES, DATED JUNE 30, 1961, CAPTAIN FRED W. GRAY, WHOSE PRIMARY DUTY ASSIGNMENT WAS CHIEF OF THE MAINTENANCE ADMINISTRATION BRANCH, AND SEVERAL OTHER MEMBERS AT THE STATION WERE ASSIGNED ADDITIONAL DUTY WITH PERSONNEL (SPECIAL) SERVICES FOR IMPLEMENTING THE SPORTS PROGRAM AND DIRECTED TO PROCEED TO GARMISCH, GERMANY, ON OR ABOUT JULY 7, 1961, FOR APPROXIMATELY 10 DAYS' TEMPORARY DUTY. THE SPECIFIC PURPOSE OF THE DUTY WAS STATED AS "INDIRECT MISSION ACCOMPLISHMENT USAFE FOOTBALL CLINIC. PERSONNEL WILL CONDUCT LOCAL CLINIC UPON RETURN.' THE ORDERS ALSO DESIGNATED THE PERSONNEL AS ,COMMAND SUPERVISORS" AND AUTHORIZED TRAVEL BY PRIVATE AUTOMOBILE. PURSUANT TO THOSE ORDERS, CAPTAIN GRAY TRAVELED TO GARMISCH AND ATTENDED THE CLINIC DURING THE PERIOD JULY 7 TO 15, 1961, FOR WHICH HE WAS PAID MILEAGE AND PER DIEM.

SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37U.S.C. 253, PROVIDES FOR THE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES TO MEMBERS OF THE UNIFORMED SERVICES TRAVELING UNDER COMPETENT ORDERS AWAY FROM THEIR DESIGNATED POSTS OF DUTY, UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED. REGULATIONS ISSUED UNDER THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 3050 OF THOSE REGULATIONS PROVIDES THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES ONLY WHILE IN A TRAVEL STATUS, AND THAT THEY SHALL BE DEEMED TO BE IN A TRAVEL STATUS "WHILE PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT TRAVEL ORDERS, INCLUDING NECESSARY DELAYS EN ROUTE INCIDENT TO MODE OF TRAVEL AND PERIODS OF NECESSARY TEMPORARY OR TEMPORARY ADDITIONAL DUTY.' THE TERM ,PUBLIC BUSINESS, RELATES TO THE OFFICIAL ACTIVITIES OR FUNCTIONS OF THE SERVICE TO WHICH THE TRAVELER IS ATTACHED, AND THE TRAVEL AND TEMPORARY DUTY CONTEMPLATED IS THAT WHICH REASONABLY MAY BE CONSIDERED AS HAVING BEEN PERFORMED IN THE ACCOMPLISHMENT OF THE PURPOSE AND REQUIREMENTS OF SUCH ACTIVITIES AND FUNCTIONS. PARAGRAPH 6454 OF THE REGULATIONS PROVIDES THAT EXPENSES INCURRED DURING PERIODS OF TRAVEL UNDER ORDERS WHICH DO NOT INVOLVE PUBLIC BUSINESS (SUCH AS TRAVEL IN CONNECTION WITH NONOFFICIAL RECREATIONAL PROGRAMS) ARE NOT PAYABLE BY THE GOVERNMENT.

THE REGULATIONS GOVERNING THE AIR FORCE SPORTS PROGRAM ARE CONTAINED IN AIR FORCE REGULATION NO. 34-47, DATED MAY 31, 1961. THAT REGULATION SUPERSEDED AFR 34-47, MAY 22, 1959, WHICH CONTAINED SOMEWHAT SIMILAR PROVISIONS PERTAINING TO HOW THE AIR FORCE SPORTS PROGRAM WILL BE PLANNED, ORGANIZED AND CONDUCTED. PARAGRAPH 1 OF THE REGULATION STATES THAT THE AIR FORCE SPORTS PROGRAM EMBRACES VOLUNTARY LEISURE TIME SPORTS ACTIVITIES IN ALL ECHELONS OF COMMAND AND THAT, TO FURTHER THE "SPORTS AND RECREATION FOR ALL" POLICY OF THE AIR FORCE, COMMANDERS AT ALL LEVELS WILL ENCOURAGE AIR FORCE PERSONNEL TO PARTICIPATE EXTENSIVELY IN ORGANIZED COMPETITIVE SPORTS. INDIVIDUAL RESPONSIBILITIES FOR POLICY, PLANNING, ORGANIZING, ESTABLISHING AND SUPERVISING THE PROGRAM ARE ASSIGNED IN PARAGRAPH 2, AND SUCH RESPONSIBILITIES AT THE BASE LEVEL ARE SET FORTH IN SUBPARAGRAPH 2D AS FOLLOWS:

D. BASE SPECIAL SERVICES OFFICERS WILL ORGANIZE AND SUPERVISE BASE SPORTS PROGRAMS. WITHIN AVAILABLE MANPOWER RESOURCE, COMMANDERS WILL ASSIGN ADEQUATE PERSONNEL TO ASSIST SPECIAL SERVICES OFFICERS IN CONDUCTING THESE SPORTS PROGRAMS.

UNDER SUCH PROVISIONS PERSONNEL OTHER THAN MEMBERS ASSIGNED TO SPECIAL SERVICE APPARENTLY MAY BE ASSIGNED TO ASSIST SPECIAL SERVICES OFFICERS IN CONDUCTING THE SPORTS PROGRAMS. IT HAS BEEN CONSISTENTLY HELD, HOWEVER, THAT, IN GENERAL, PAYMENT FROM APPROPRIATED FUNDS OF TRAVEL EXPENSES AND PER DIEM TO INDIVIDUALS TRAVELING IN CONNECTION WITH THEIR PARTICIPATION, OTHER THAN AS COMMAND SUPERVISORS IN ATHLETIC AND RECREATIONAL PROGRAMS OF THE ARMED FORCES IS NOT AUTHORIZED SINCE SUCH TRAVEL MAY NOT BE CONSIDERED AS CONSTITUTING THE PERFORMANCE OF PUBLIC BUSINESS AS CONTEMPLATED BY THE APPLICABLE PROVISIONS OF THE STATUTE AND REGULATIONS. SEE B-138197, FEBRUARY 6, 1959; B-133593, OCTOBER 21, 1957; 38 COMP. GEN. 873, AND B- 141942, FEBRUARY 29, 1960.

PARAGRAPH 18C OF AIR FORCE REGULATION NO. 34-47, DATED MAY 31, 1961, PROVIDES THAT APPROPRIATED FUNDS WILL BE USED FOR THE PAYMENT OF TRAVEL AND PER DIEM EXPENSES COVERING DIRECTED TEMPORARY DUTY FOR PERSONNEL ACCOMPANYING TEAMS AS COMMAND SUPERVISORS. IT IS ALSO SPECIFICALLY PROVIDED IN PARAGRAPH 20D OF THE REGULATION THAT IN THE CASE OF COACHES' AND OFFICIALS' CLINICS SCHEDULED BY OVERSEAS COMMANDERS (TO PROVIDE APPROPRIATE TRAINING FOR OFFICER, ENLISTED AND CIVILIAN PERSONNEL ENGAGED IN CONDUCTING COMMAND OR BASE SPORTS PROGRAMS) ONLY THOSE INDIVIDUALS WHOSE ATTENDANCE IS DIRECTED AS COMMAND SUPERVISORS ARE ENTITLED TO TEMPORARY PER DIEM ALLOWANCES FROM APPROPRIATED FUNDS. WHILE THE REGULATION DOES NOT EXPRESSLY DEFINE THE TERM "COMMAND SUPERVISOR," IT IS STATED IN PARAGRAPH 28, CONCERNING MAJOR AIR COMMAND RESPONSIBILITIES IN AIR FORCE WORLDWIDE CHAMPIONSHIP EVENTS THAT THE PARTICIPATING MAJOR AIR COMMANDS WILL "APPOINT A RESPONSIBLE PERSON--- PREFERABLY A NONCOMPETITOR- -- AS COMMAND SUPERVISOR TO BE IN CHARGE OF THE COMMAND'S TEAM FOR THE DURATION OF ITS STAY AT THE HOST BASE.' HENCE, IN LINE WITH OUR DECISIONS, THE TERM "COMMAND SUPERVISOR" CAN HAVE REFERENCE ONLY TO PERSONNEL WHO HAVE BEEN ASSIGNED TO ACCOMPANY TEAMS TO OFF BASE SPORTS ACTIVITIES FOR PURPOSES OF CONTROL, SUPERVISION AND THE GENERAL WELFARE OF THE TEAMS' MEMBERS. MEMBERS ASSIGNED FOR THE SOLE PURPOSE OF PARTICIPATION OR TRAINING, EVEN THOUGH THE PARTICIPATION OR TRAINING MAY BE FOR THE PURPOSE OF QUALIFYING THE PERSONNEL CONCERNED TO SERVE AS COACHES, OFFICIALS, ETC., IN THE OFFICIAL SPORTS PROGRAM ARE NOT WITHIN THE SCOPE OF THE TERM.

IN PARAGRAPH 5 OF A MEMORANDUM OF JUNE 27, 1960, ISSUED TO VARIOUS AIR FORCE UNITS BY THE DIRECTOR OF PERSONNEL SERVICES FOR THE COMMANDER, HEADQUARTERS, SEVENTEENTH AIR FORCE, UNITED STATES AIR FORCE, APO 12, U.S. FORCES, PRESCRIBING CRITERIA FOR DESIGNATING PERSONNEL IN TRAVEL ORDERS AS COMMAND SUPERVISORS TO ACCOMPANY TEAMS OR ATTEND ATHLETIC TRAINING SCHOOLS OR CLINICS AND SPORTS CONFERENCES, IT IS STATED IN PART, AS FOLLOWS:

C. PERSONNEL ATTENDING USAFE OR MAJOR SUB-COMMAND ATHLETIC TRAINING SCHOOLS WHO WILL RETURN TO COMMANDS AND BASES TO CONDUCT FOLLOW UP CLINICS MAY BE DESIGNATED AS COMMAND SUPERVISORS.

WHILE SUCH PROVISION AUTHORIZES THE USE OF THE PERSONNEL TRAINEES CONCERNED AS COMMAND SUPERVISORS, THE MERE DESIGNATION ON TRAVEL ORDERS OF A SPORTS PARTICIPANT OR TRAINEE AS A COMMAND SUPERVISOR MAY NOT BE VIEWED AS ENTITLING HIM TO TRAVEL AT GOVERNMENT EXPENSE WHERE THE RECORD INDICATES THAT HE DOES NOT PERFORM THE DUTIES CONTEMPLATED BY PARAGRAPH 28 OF AIR FORCE REGULATION 34-47.

ACCORDINGLY, CREDIT WILL BE WITHHELD IN THE APPROPRIATE DISBURSING OFFICERS' ACCOUNT FOR ANY AMOUNTS PAID FROM APPROPRIATED FUNDS AS TRAVEL EXPENSES AND PER DIEM IN THE CITED CASES AND IN OTHER SIMILAR CASES UNLESS IT CAN BE CLEARLY ESTABLISHED THAT THE MEMBERS CONCERNED ACTUALLY PERFORMED THE DUTIES OF A COMMAND SUPERVISOR WITHIN THE MEANING OF PARAGRAPH 28 OF AIR FORCE REGULATION 34-47 WHILE IN ATTENDANCE AT SPORTS ADMINISTRATORS-, COACHES' AND OFFICIALS' CONFERENCES, TRAINING SCHOOLS OR CLINICS.

A LETTER DATED MAY 4, 1962, FROM DIRECTOR OF ACCOUNTING AND FINANCE, COMPTROLLER, HEADQUARTERS, UNITED STATES AIR FORCE, WASHINGTON 25, D.C., TO OUR AIR FORCE AUDIT BRANCH, AIR FORCE ACCOUNTING AND FINANCE CENTER, DENVER, COLORADO, EXPRESSES THE ADMINISTRATIVE VIEW THAT ALL EXCEPTIONS ISSUED BY OUR OFFICE WHICH PERTAIN TO ATTENDANCE AT A SPORTS CLINIC SHOULD BE WITHDRAWN FOR THE REASON THAT THE AUTHORITY OF A COMMANDER TO DIRECT HIS PERSONNEL TO PERFORM TEMPORARY DUTY, INCLUDING ATTENDANCE AT A SPORTS CLINIC, WHEN DEEMED NECESSARY TO ACCOMPLISH HIS (THE COMMANDER-S) MISSION, HAS BEEN WELL ESTABLISHED IN AIR FORCE REGULATIONS FOR SOME TIME. WE DO NOT QUESTION THE AUTHORITY OF A COMMANDER TO DIRECT THE PERFORMANCE OF TEMPORARY DUTY BY ANY MEMBER OF HIS COMMAND. WHERE, HOWEVER, SUCH TEMPORARY DUTY DOES NOT CONSTITUTE THE PERFORMANCE OF PUBLIC BUSINESS AS CONTEMPLATED BY THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THE CAREER COMPENSATION ACT OF 1949, SUPRA, THE USE OF APPROPRIATED FUNDS TO PAY TRAVEL EXPENSES AND PER DIEM INCIDENT THERETO IS NOT AUTHORIZED.